Frazer v. Brownrigg
Supreme Court of Alabama
Error to the Circuit Court of Sumter. Assumpsit on a promissory note by Brownrigg as the in-dorsee, against Frazer, as the maker. The declaration states the note is made payable to one Harrald, or order, and that it was indorsed by him to the plaintiff.
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Error to the Circuit Court of Sumter. Assumpsit on a promissory note by Brownrigg as the in-dorsee, against Frazer, as the maker. The declaration states the note is made payable to one Harrald, or order, and that it was indorsed by him to the plaintiff. The defendant, in addition to the plea of non-assumpsit, pleaded the following plea, to wit: Actio non, because the defendant says, the note* the subject matter of the suit, is not the property of the plaintiff individually, but was before and at the time of his death, the property of one Edwin Brownrigg, now' deceased, and is ■the property of…
1Opinion of the CourtGoldthwaite, J.
It is the settled rule in this court, that the legal effect of such a plea as is here in question, is only to controvert the fact of indorsement, and, if well pleaded, to put the plaintiff on proof of its genuineness. [Beal v. Snedicor, 8 Porter, 528; Jennings v. Cummings, 9 Ib. 309; Tarver v. Nance, 5 Ala. Rep. 712.] It is a mistake to confound this matter with the ordinary case of proving an interest in the payee, or even a third person, notwithstanding the in-dorsement. Such it was held, could be done, in Tipton v. Nance, 4 Porter, 194, and what is said in Evans v. Gordon, 8 Porter, 142,…
2Cases cited6 opinions
- Bowen v. SnellSupreme Court of Alabama · 1846
- Evans v. GordonSupreme Court of Alabama · 1838
- Moore v. Penn ex rel. Huntsville Branch BankSupreme Court of Alabama · 1843
- Tarver v. NanceSupreme Court of Alabama · 1843
- Beal & Bennett v. SnedicorSupreme Court of Alabama · 1839
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alabama City, G. & A. Ry. Co. v. KyleSupreme Court of Alabama · 1918
- Agee v. MedlockSupreme Court of Alabama · 1854
- Price v. LavenderSupreme Court of Alabama · 1862